


R v Fundy [2020] DMSPSC 004

by Kayoi1234



Series: The Court Cases of Dream SMP [4]
Category: Minecraft (Video Game), Video Blogging RPF
Genre: Alternate Universe, Arson, Courtroom Drama, Gen, This one's pretty short he's only got one conviction, Unconventional Format
Language: English
Status: Completed
Published: 2020-10-20
Updated: 2020-10-20
Packaged: 2021-03-09 05:00:34
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 356
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/27118561
Author URL: https://archiveofourown.org/users/Kayoi1234/pseuds/Kayoi1234
Summary: "Catchwords:CRIMINAL LAW – Arson – trial by judge alone – destruction of national flag – accused claims that the deed was done under duress - recklessness."The Trial of Fundy - Post-Festival Attack
Series: The Court Cases of Dream SMP [4]
Series URL: https://archiveofourown.org/series/1973734
Kudos: 22





	R v Fundy [2020] DMSPSC 004

**Author's Note:**

> So this is very much based on the Australian Court System because that's the only one I've read actual cases from so some things may not line up to the American or UK versions of Court and trial. Probably read best on a computer. Sorry Fundy's one seems so short.
> 
> Resources used:  
> [ NSW Caselaw](https://www.caselaw.nsw.gov.au/) \- A database of all court cases in NSW  
> [ Crimes Act 1900 (NSW)](https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1900-040)  
> 

**Citation:** R v Fundy [2020] DSMPSC 004

**Hearing Date:** 23 October 2020

**Jurisdiction** : Criminal Law

**Before:** Skeppy

**Decision:** Verdict of guilty of Arson

**Catchwords:** CRIMINAL LAW – Arson – trial by judge alone – destruction of national flag – accused claims that the deed was done under duress -recklessness.

**Legislation Cited:** L’Manberg Declaration of Independence 2020 (L’MAN) s52

Criminal Code Act (DSMP) s48

**Cases Cited:** R v Soot [2020] DSMPSC 003

R v Innit [2020] DSMPSC 002

R v Tubbo [2020] DSMPDC 001

**Category** : Principal Judgement

**Parties:** Regina (Crown)

Fundy (Accused)

**Representation:** Counsel:

Awesamdude (Crown)

Sapnap (Accused)

Solicitors:

Office of the Director of Public Prosecutions (Crown)

Legal Aid for L’Manbergian Citizens (Accused)

**File Number:** 2020/000004

**JUDGEMENT**

  1. This trial is to decide the judgement of Fundy (The Accused) who has been found suspect of the indictable charge of Arson. The accused pleads not guilty by reason of duress.
  2. The trial was conducted without a jury for the reasoning that no jury could be constructed that did not have any considerable biases towards the Crown or The Accused.
  3. The Crown has the duty to prove the accused’s guilt beyond the reasonable doubt.
  4. The accused has been found suspect of arson, as seen on 23 September 2020 when he was witnessed to be burning the L’Manberg flag.
  5. The defence maintains that the action was done under duress. However, the Crown reiterates that the accused had every chance to not do it – in fact, testimonies from Mr Eret and Ms Nihachu state that Fundy had the intention to burn down the flag.
  6. Further investigation finds the flint and steel the accused had used to burn the flag. Furthermore, seeing as the accused had every chance to not burn the flag, and yet chose to do so anyway is a point of recklessness and cause great emotional distress to Ms Nihachu, with knowledge on how it would effect her and the remaining citizens of L'manberg.
  7. I see no point to argue this charge further. This court finds Fundy guilty of Arson. He will attend a sentencing hearing on the 28 October 2020. Until then Fundy will be placed in remand until his sentencing hearing.



**Author's Note:**

> Find me on Tumblr [here](http://kayoi1234.tumblr.com/) and [here!](https://kayoiwritingarchivies.tumblr.com/)
> 
> Find me on Pillowfort [here!](https://www.pillowfort.social/Kayoi_1234)


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